Pandian Surfactance Pvt Ltd v. The Regional Provident Fund Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 18428 of 2019 and W.M.P. No. 17757 of 2019 Pandian Surfactance Pvt. Ltd., No. 2/2B - Thirumalai Raja Street, Ayanavaram, Chennai - 600 023 Represented by its Director, Mr. K.D. Kishan Chand

...Petitioner

-vs1. The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, 37, Royapettah High Road, Opp. Swagat Hotel, Chennai - 600 014.

2. The Recovery Officer, Employees Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to accept the application of the Petitioner dated 29.06.2017 under the Employees Provident Fund 7th Amendment Scheme dated 30.12.2016 in Notification G.S.R. 1190 (E) of the Ministry of Labour and Employment, New Delhi. For Petitioner :

Mr. S. Haroon AL Rasheed for M/s. T.S. Gopalan & Co.

For Respondents :

Mr. V. Sundareswaran, Standing Counsel

O R D E R

(through video conference) The Writ Petition has been filed for a direction to the First Respondent to accept the application dated 29.06.2017 made by the Petitioner under the Employees' Provident Fund Seventh Amendment Scheme dated 30.12.2016 in Notification G.S.R. 1190 (E) of the Ministry of Labour and Employment, New Delhi. https://hcservices.ecourts.gov.in/hcservices/

2.

It has been brought to notice by the Learned Counsel for the Petitioner that in terms of the notice of demand dated 08.04.2019 issued by the Second Respondent, a sum of Rs. 35,813 had been paid on 13.08.2018 and a further sum of Rs. 64,475/- has been paid on 16.09.2020 totalling to Rs. 1,00,283/- and proof has been produced for the same. Though the said payment has been made after the stipulated period of 15 days in that notice, it shall be taken as full compliance of the requirement made therein so as to derive its benefits. In view of the subsequent events, nothing remains for further consideration in this Writ Petition.

3.

Accordingly, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vjt To

1. The Regional Provident Fund Commissioner, Employees Provident Fund Organisation, 37, Royapettah High Road, Opp. Swagat Hotel, Chennai - 600 014.

2. The Recovery Officer, Employees Provident Fund Organisation, 37, Royapettah High Road, Chennai - 600 014.

3. The Ministry of Labour and Employment, New Delhi.

+1cc to Mr.T.S.Gopalan, Advocate, S.R.No.31057 +1cc to Mr.N.Sundareshwaran, Advocate, S.R.No.30826 W.P. No. 18428 of 2019 PP(CO) KKV/25/09/2020 https://hcservices.ecourts.gov.in/hcservices/